Ohlig v. FMC Marine & Rail Equipment Division

*588LENT, J.

The issue in this worker’s compensation case is whether the Court of Appeals should have allowed a reasonable attorney fee to the claimant’s attorney to be paid by the direct responsibility employer under ORS 656.386(1) or if the claimant’s attorney fees must be paid from his award of compensation under ORS 656.386(2).

“656.386(1) In all cases involving accidental injuries where a claimant prevails in an appeal to the Court of Appeals from a board order denying his claim for compensation, the court shall allow a reasonable attorney fee to the claimant’s attorney. In such rejected cases…